Pitigala Liyanage Avishka Heshan Madubhashana vs. Hon. Attorney General – BAL/0336/2023-2023

In the case between Pitigala Liyanage Janu Kasun Gimmana (Petitioner) and the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Respondent), the court addressed the issue of whether exceptional circumstances existed under Section 83(2) of the Poisons, Opium and Dangerous Drugs Ordinance (as amended by Act No. 41 of 2022) to justify granting bail to an individual indicted for possession of heroin. The court held that conditions for bail were satisfied in view of the prolonged period of remand exceeding two and a half years, familial hardship resulting from the petitioner’s care responsibilities for a young child, and delays in prosecution with recurring witness absences. The holding reaffirmed that the existence of exceptional circumstances justifies departure from the gener